Man challenges 18-month jail term, ends up getting 3 years

MUMBAI: A sessions court has enhanced the sentence of a 26-year-old man, who extorted Rs 25 lakh from his "friend" in 13 months, from 18 months in jail to three years.

The accused, Nandan More, had moved an appeal before the sessions court against a magistrate court's order sentencing him to 18 months in jail. Refusing to accept the defence of the accused that the victim had given him the money voluntarily and that they were in a homosexual relationship, the court said, "Considering the withdrawal of the amounts from the victim's account, credit of the huge amounts in the accused's account and the victim being a slow learner makes me believe that the accused must have put the victim under threat and induced him to deliver lakhs of rupees."

The court further held that the victim had no reason to give lakhs of rupees to the accused voluntarily and that the witnesses in the case too had no reason to implicate the accused. The duo used to take tuitions from the same teacher for Class X in 2003.

During his deposition before the court, the victim, who worked at his father's medical stores, said that the accused was his friend and in February 2015, he demanded Rs 5,000, claiming that his father was ill. The victim gave him the amount. Later, when the victim refused to give him more money, More threatened to kill his brother and parents. The victim said that he was threatened with a knife and even assaulted by the accused. He stated that the accused used to drive him in his car to the bank and force him to withdraw the money. The victim had accounts in various banks and his parents had deposited about Rs 25 lakh in them.

The victim said that in June 2016, when More demanded Rs 2 crore, he refused to pay and contacted a relative of his. The relative made him come over to his house and assured him about his safety. He contacted the victim's brother and informed him about the matter. An FIR was lodged on June 22, 2016. The prosecution said that More purchased a car with the money he took from the victim. During investigations, Rs 4 lakh in cash and a knife were recovered from the accused; the car was seized.

In his appeal against the 2017 magistrate court order, the accused claimed that his 18-month sentence was harsh. He further stated that that there was a homosexual relationship between the victim and the accused and that they would chat with each other at odd hours. He said that Call Data Records prove his claims.

However the court said that it is not suggested that money was paid because of homosexual relations. "If money was not paid for homosexual relations, the victim had no reason to pay a huge amount of about Rs 25 lakh to the accused," the court observed.